Decision Paper Public Service Obligation Levy 2018/19 - Commission for Regulation of Utilities

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Decision Paper Public Service Obligation Levy 2018/19 - Commission for Regulation of Utilities
An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

               An Coimisiún um Rialáil Fóntas
               Commission for Regulation of Utilities

                                       Decision Paper
             Public Service Obligation Levy 2018/19

               Decision Paper
                                                                                                     N/A
               Reference:      CRU/18/148           Date Published:     31/07/2018   Closing Date:

              www.cer.ie

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

Executive Summary
The Public Service Obligation (PSO) levy is a subsidy charged to all electricity customers in
Ireland. It is designed by the Irish Government and consists of various subsidy schemes to
support its national policy objectives related to renewable energy and indigenous fuels (peat).

Government policy determines the level of subsidy provided to generators supported under
the PSO, with the Commission for Regulation of Utilities (CRU) primary role being the
calculation of the PSO levy. Specifically, in accordance with Government policy, the CRU’s
role is to calculate the PSO levy annually based on support rates that are set by Government,
and to help ensure that the scheme is administered appropriately and efficiently. The CRU
has therefore prepared this decision paper (CRU/18/148), which sets out the PSO levy to
apply to electricity customers from 1 October 2018 to 30 September 2019.

Following publication of the proposed decision paper on the PSO levy for 2018/19
(CRU/18/106), the CRU has updated the benchmark price forecast and completed its review
of PSO cost submissions. As a result, the CRU’s revised calculation is that a PSO levy of
€209.19 million will be required for the 2018/19 PSO period, which represents a decrease of
€262.71 million (56%) on the 2017/18 levy of €471.9 million. A number of drivers are
contributing to the decrease in the PSO levy, including in particular, a higher benchmark price
and an increased R-factor arising from the 2016/17 PSO period.

From a customer impact perspective, the 2018/19 PSO levy will result in a monthly charge of
€3.48 and €11.97 for domestic and small commercial customers respectively. In comparison
to the 2017/18 PSO, this equates to a monthly decrease of €4.21 and €14.58 for domestic and
small commercial customers respectively. Customers in the medium/large commercial
category will be subject to a monthly charge of €1.32/kVA, which constitutes a decrease of
€2.32/kVA relative to 2017/18. The reduction is PSO charges for customers has increased
since the proposed decision on the 2018/19 PSO levy due to an increase in the forecast
benchmark price.

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

Public/Customer Impact Statement
For the year starting 1 October 2018, the CRU has calculated that the PSO Levy will decrease
by 56% in total. The new PSO levy rate from 1st of October 2018 to 30th September 2019 is
€3.48 per month for domestic customers. This means that each household will pay €4.21 per
month less on the PSO charge on their electricity bill than in the current PSO year.

The PSO levy rates from 1st October 2018 to 30th September 2019 for small commercial
customers (where MIC 30 kVa) is €1.32 per kVa per month. Medium/Large
customer’s PSO levy will decrease by €2.32/kVA relative to 2017/18.

A number of factors determine what a customer is charged for the PSO levy in a given period.
The biggest influence is the wholesale price of electricity. There is an inverse relationship
between the PSO levy and the wholesale electricity price. This means if the wholesale
electricity price is high, less money needs to be raised through the PSO levy to subsidise PSO
support generators. This is because these generators receive more money from the wholesale
market for the electricity they produce.

Given the correlation between the decrease in the PSO levy and the increase in the wholesale
market prices, the CRU notes that although a decrease in the PSO levy will reduce one fixed
charge element on electricity bills, variable charges (e.g. the unit rate) may in fact increase.
The CRU notes that in recent months most energy suppliers have announced increases in
electricity prices, primarily as a result of a higher electricity costs in the wholesale market.

The CRU emphasises that savings on the variable aspect of the electricity bill can be gained
through switching electricity supplier and through energy efficiency.

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

Table of Contents

Executive Summary ................................................................................................. 1

Public/Customer Impact Statement ........................................................................ 2

Glossary of Terms and Abbreviations .................................................................... 4

1. Introduction .......................................................................................................... 5

   1.1 The Commission for Regulation of Utilities .......................................................................... 5
   1.2 Purpose of this Document ................................................................................................... 5
   1.3 Structure of Paper .............................................................................................................. 5
   1.4 Related Documents ............................................................................................................ 6

2. Background .......................................................................................................... 7

   2.1 Overview of the PSO Levy ................................................................................................... 7
   2.2 Legislation Governing the PSO Levy ..................................................................................... 8
   2.3 Government Schemes Supported by the PSO Levy ............................................................... 8

3. Key Assumptions ................................................................................................. 9

   3.1 Benchmark price ................................................................................................................. 9
   3.2 Capacity payment ............................................................................................................... 9
4. 2018/19 PSO Levy............................................................................................... 11

   4.1 Total levy cost & generation capacity supported ................................................................ 11
   4.2 Drivers of year on year change .......................................................................................... 12
   4.3 Changes since the proposed decision ................................................................................ 13
   4.4 Allocation of costs ............................................................................................................ 13

5. Key Comments Received .................................................................................. 15

   5.1 List of respondents ........................................................................................................... 15
   5.2 Key comments and CRU responses .................................................................................... 15

6. Cost breakdown of levy ..................................................................................... 19

   6.1 Overview of support schemes ........................................................................................... 19
   6.2. Publication of individual payments .................................................................................. 22
   6.3. R-factor ........................................................................................................................... 22
   6.4. PSO CfDs ......................................................................................................................... 23
   6.5. Bord Gáis Energy Rebate .................................................................................................. 23
   6.6. Bad Debt in the PSO levy.................................................................................................. 23
   6.7. Review of PSO Arrangements ........................................................................................... 24

7. Next Steps ........................................................................................................... 25

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

Appendix 1 Allocation of 2018/19 PSO Levy ........................................................ 26

Appendix 2 2016/17 PSO Outturn Cost ................................................................ 27

Glossary of Terms and Abbreviations

     Abbreviation           Meaning

     ACPS                   Annual Capacity Payment Sum
     AD                     Anaerobic Digestion
     AER                    Alternative Energy Requirement
     CfD                    Contract for Difference
     CHP                    Combined Heat and Power
     DCCAE                  Department of Communications, Climate Action &
                            Environment
     DUoS                   Distribution Use of System
     MIC                    Maximum Import Capacity
     MWh                    Megawatt Hours
     PPA                    Power Purchase Agreement
     PSO                    Public Service Agreement
     REFIT                  Renewable Energy Feed-In-Tariff
     SEM                    Single Electricity Market
     S.I                    Statutory Instrument

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

1. Introduction
1.1 The Commission for Regulation of Utilities
The Commission for Regulation of Utilities (CRU)1 is Ireland’s independent energy and water
regulator. Our mission is to regulate water, energy and energy safety in the public interest.
Further information on the CRU’s role and relevant legislation can be found on the CRU’s
website at www.cru.ie .

1.2 Purpose of this Document
This document explains the Public Service Obligation (PSO) levy to apply to electricity
customers in Ireland from 1 October 2018 to 30 September 2019. This follows a proposed
decision paper (CRU/18/106) containing the preliminary determination of the PSO levy for the
2018/19 PSO period.

1.3 Structure of Paper
The remainder of this document is structured as follows:

Section 2 – Background: Provides detail on the PSO levy and the legislative framework
governing the PSO.

Section 3 – Key Assumptions: Provides detail on the benchmark price used in calculating
the PSO levy for 2018/19.

Section 4 – 2018/19 PSO Levy: Gives a high level overview of the PSO levy in terms of total
cost and total generation capacity supported, as well as the allocation of the cost to different
customer categories.

Section 5 – Key Comments Received: Summarises main comments received to the
proposed decision paper, along with CRU’s responses to these comments.

Section 6 – Cost Breakdown of Levy: Provides a breakdown of the PSO levy in terms of the
support schemes and generation technologies that it supports.

Section 7 – Next Steps

1   Previously known as the Commission for Energy Regulation (CER)

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

Appendix 1 – Contains key data from ESB Networks’ model used to allocate the PSO levy to
the different categories of customer.

Appendix 2 – Lists audited outturn costs for 2016/2017 PSO period.

1.4 Related Documents
•   Electricity Regulation Act, 1999
•   S.I. No. 217 of 2002 - Electricity Regulation Act, 1999 (Public Service
    Obligations) Order 2002 as amended
•   S.I. No. 284 of 2008 – Amending S.I. No. 217 of 2002 for REFIT
•   S.I. No. 444 of 2009 – Amending S.I. No. 217 of 2002 for REFIT
•   S.I. No. 532 of 2010 – Amending S.I. No. 217 of 2002 for REFIT
•   S.I. No. 513 of 2011 – Amending S.I. No. 217 of 2002 for REFIT
•   S.I. No. 438 of 2012 – Amending S.I. No. 217 of 2002 for REFIT
•   S.I. No. 421 of 2013 – Amending S.I. No. 217 of 2002 for REFIT
•   S.I. No. 603 of 2014 – Amending S.I. No. 217 of 2002 for REFIT
•   S.I. No. 556 of 2015 – Amending S.I. No. 217 of 2002 for REFIT
•   S.I. No. 600 of 2016 – Amending S.I. No. 217 of 2002 for REFIT

EU State Aid Notifications and Clearance Decisions
• State Aid N 553/2001: AER
•   State Aid N 826/2001: AER I-V
•   State Aid N 475/2003: Capacity and Differences Agreements (CADA)
•   State Aid N 571/2006: REFIT 1
•   State Aid SA.31236 (2011/N): REFIT 2
•   State Aid SA.31861 (2011/N): REFIT 3

 CRU Papers
• PSO Benchmark Price Setting Methodology Decision Paper (AIP-SEM-07-431)
• Arrangements for the Public Service Obligation Levy (CER/08/153)
• Calculation of the R-factor in determining the PSO levy (CER/08/236)
• Arrangements for the Public Service Obligation Levy – A Decision by the Commission for
    Energy Regulation (CER/08/153)
•   2017/18 PSO Decision Paper (CER/17/241)
•   Decision on Updated Cost Allocation Methodology (CER/17/073)
•   Notification to Suppliers- Submissions to the CRU in relation to the 2018/19 PSO Levy
    (CRU/18/038)
•   Notification to Suppliers – Engagement of Auditors Regarding Certification for the PSO
    Levy (CER/17/021)
•   Proposed Decision Paper – Public Service Obligation Levy 2018/19 (CRU/18/106)

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

2. Background
2.1 Overview of the PSO Levy
The PSO levy is charged to all electricity customers in Ireland. It covers various subsidy
schemes designed by the Irish Government to support its national policy objectives related to
renewable energy and the use of indigenous fuels (peat)2.

Given that PSO-supported generation typically costs more to deliver than it can earn in the
market, PSO-supported generators can enter into contracts with suppliers, which guarantee
them a certain price. The PSO levy is used to pay the difference between this price and the
price that can be earned in the market.

The policy and terms associated with the generation plants supported by the PSO levy are
mandated by Government in legislation and approved by the European Commission, see
Section 2.2 of this paper for further details. The CRU has no discretion over the terms of PSO
schemes. The CRU’s only role in relation to the PSO is to calculate the levy in accordance
with Government policy and to help ensure that the scheme is administered appropriately and
efficiently.

The PSO levy is collected from electricity customers by their electricity suppliers. The levy
collected is passed to ESB Networks and then EirGrid. EirGrid pays out the appropriate PSO
amounts to the relevant parties.

The PSO levy is calculated in advance each year for the forthcoming PSO period 1 October
to 30 September. It principally consists of:

       1. The estimated eligible costs that suppliers are forecast to incur in the forthcoming PSO
           period. These costs are then reduced by the level of market revenue which is forecast
           to be earned. The market revenue is forecast based on a benchmark wholesale
           electricity price, which is set by the CRU.

       2. A settlement for the PSO period two periods prior to the forthcoming period. As the
           PSO levy for each year is based on estimated costs and forecast market revenues,
           there is also an adjustment made when the full actual costs and revenues are known.
           This adjustment is known as the “R-factor”. The R-factor may be positive or negative,
           depending on whether the actual costs incurred are higher or lower than had been

2
    Until 2016, it also supported security of supply policy objectives.

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

           estimated. The differences can arise primarily due to differences between the
           estimated and the actual level of generation and to differences between the estimated
           and the actual market payments received. The PSO Levy for each 12 month period
           therefore includes both the estimate of the levy costs for that period, and the R-factor
           adjustment for the PSO period two years previous.

2.2 Legislation Governing the PSO Levy
In accordance with Section 39 of the Electricity Regulation Act, 1999, the CRU is directed by
order of the Government to impose the PSO on electricity market players.                             Statutory
Instrument (S.I.) No. 217 of 2002 sets out more detail in relation to the PSO levy rules. It
provides for the calculation of the PSO levy by the CRU in accordance with State Aid
Notifications to the European Commission for the various PSO schemes.

The original State Aid Notification3 of November 2000 sets out the broad areas that may be
covered by the PSO as listed in Section 39 of the Electricity Regulation Act, 1999. These are
security of supply, use of indigenous fuel sources and environmental protection. It refers
specifically to the schemes developed at that time i.e. support for the generation of electricity
from peat and from renewable, sustainable or alternative forms of energy.

Since the original notification, new schemes have been notified by the Government to the EU
Commission and have received state aid clearance. These include the AER (Alternative
Energy Requirement) schemes, as well as the “Capacity 2005” plants, which were supported
under the PSO in order to address security of supply concerns. In 2006, the REFIT 1 scheme
was notified to the EU and in 2011 REFIT 2 and REFIT 3 were notified to the EU and received
state aid clearance to provide support for the generation of electricity from renewable
technologies. S.I. No. 217 has been amended by successive S.I.s to provide for the recovery
of costs under the PSO for each of the above schemes.

2.3 Government Schemes Supported by the PSO Levy
The PSO levy is used to fund the following Government electricity support schemes:

      i.   Alternative Energy Requirement (AER);
     ii.   Peat PSO Support; and
    iii.   Renewable Energy Feed in Tariff (REFIT).

3
 The purpose of the Notification was to inform the European Commission of the Irish Government’s intention
to impose public service obligation and of the proposed mechanism to recover the additional costs of fulfilling
the obligation.

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

3. Key Assumptions
3.1 Benchmark price
The benchmark price is an average of the forecast wholesale market price of electricity over
the PSO period. It is used by the CRU to calculate the forecast market revenue of generation
plants supported under the PSO for the given PSO period, based on their estimated
generation. This forecast market revenue is subtracted from the guaranteed revenue of the
supported plants in order to determine the amount to be paid via the PSO levy. The lower the
benchmark price, the higher the top up required from the PSO levy and vice versa.

The benchmark price was calculated using a PLEXOS model of the SEM (SEM-18-010b)
under the revised trading arrangements. For clarity, this SEM model has been applied to the
entire PSO period from Oct 2018 to Sept 2019. Any difference due to the use of this model
between the benchmark price applied here and actual wholesale prices under the revised
SEM trading arrangements, will be captured in the R-factor for the 2018/19 PSO period.

For the purpose of calculating the PSO levy contained in this decision paper, the CRU’s
forecast benchmark price of €61.17/MWh has been used. The exchange rates and forward
fuel and carbon prices used in modelling the 2018/19 PSO period are from the 28 June 2018,
with the main determinant of the benchmark price being the forward fuel prices. This
benchmark price is higher than the benchmark price of €57.13/MWh used in calculating the
proposed PSO levy for 2018/19.

3.2 Capacity payment
Historically for the purpose of the PSO capacity payment, an estimate price was used to
approximate the revenue a generator would earn from the Capacity Payment Mechanism
(CPM) in the SEM. The CPM is a mechanism, which remunerated generators for the provision
of generation capacity. The Annual Capacity Payment Sum (ACPS) was calculated by the
Regulatory Authorities, and this data was used as a proxy to calculate the PSO capacity
payments for a given PSO period. Deviations between the estimation and actual remuneration
was rectified through the R-factor.

The mechanism for the remuneration of capacity is fundamentally different in the new SEM
market, arising from I-SEM implementation. The new SEM arrangements are due to
commence on the 1 October 2018. In the new SEM (arising from I-SEM implementation), the
administratively determined CPM is being replaced by the Capacity Market. Going forward,

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

capacity providers will only receive capacity payments if they are successful in a Capacity
Auction. The first Capacity Auction took place in December 2017. The Final Capacity Auction
Results 2018/2019 T-1 are available on the SEMO website4. The CRU have used the results
of this auction to determine capacity revenue remunerated to generators for the purpose of
the 2018/19 PSO calculation.

4
    Final Capacity Auction Results 2018/2019 T-1 Capacity Auction

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

4. 2018/19 PSO Levy
4.1 Total levy cost & generation capacity supported
The total PSO levy for the 2018/19 period, calculated based on the benchmark price and
Capacity Payment described in Section 3, is €209.19 million. A high level breakdown of the
2018/19 PSO levy into its components is shown in Table 1.

                                                                                      R-factor           Total PSO
                                Generation capacity           Forecast cost
        Component                                                                     2016/17         support 2018/19
                                 supported (MW)             2018/19 (million)
                                                                                     (million)           (million)
Renewables                                       3,835.00               €237.01              -92.22           €144.79
Peat                                               250.00                €87.75              -22.24            €65.52
Security of Supply                                      —                    —                -0.24            -€0.24
PSO CfDs                                                —                    —               -€0.16            -€0.16
Admin                                                   —                    —                   —              €0.36
Bord Gáis Energy
correction                                              —                     —                  —             -€1.09
Total                                            4,085.00                 €324.8            -€114.9           €209.19
Table 1: Breakdown of total PSO levy5

Additionally, Figure 1 provides an annual breakdown of the total PSO levy since 2011-12 and
presents the overall trend in the cost of the PSO.

               Credit
               CfD's                         Total PSO levy (€ million)
    600        R-factor
               Security of Supply                                                                 €471.9
    500        Peat
                                                                                   €392.4
    400        Renewables
                                                        €335          €325
               Total levy                                                                                       €209.19
    300
                                          €211
    200                      €131
               €92
    100

       0
             2011-12        2012-13      2013-14       2014-15       2015-16       2016-17       2017-18       2018-19
    -100

    -200

            Figure 1: Trend in total PSO levy amount and breakdown by component

5
    *Additional information regarding Bord Gáis Energy correction is available in section 6.5 of this decision paper.

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

4.2 Drivers of year on year change
The PSO levy for 2018/19 of €209.19 million represents a decrease of €262.71 million (56%)
on the 2017/18 levy of €471.9 million. A number of drivers are contributing to the decrease in
the 2018/19 PSO levy, principally the 2016/17 R-factor and the increased benchmark price.
Other drivers, including an increase in renewable generation and lower capacity payments are
exerting minimal upward pressure on PSO levy.

Downward Drivers on the 2018/19 PSO Levy:

  i.     Negative R-factor: The calculation of the PSO levy requires an ex-ante estimation of
         the monies recoverable in a given PSO period by suppliers plus the calculation of the
         monies that should have been recovered by such parties two PSO periods ago (in this
         instance 2016/17). This latter calculation is referred to as the “R-factor”.

         A 2016/17 R-factor of -€114.9 million is being included in the 2018/19 PSO levy
         calculation, which accounts for the difference between the costs and revenues
         estimated for 2016/17 ex-ante and actual costs and revenues for 2016/17 certified ex-
         post. The negative 2016-17 R-factor (i.e. -€114.9 million) has been the main driver
         behind the decrease in the 2018/19 PSO levy. This constitutes a decrease of €167.5
         million in comparison to the 2017/18 R-factor (€52.6 million).

  ii.    Higher Benchmark Price: The forecast benchmark price of €61.17/MWh is higher than
         the benchmark price of €46.18/MWh used in calculating the 2017/18 PSO levy. This
         acts to reduce the overall levy by approximately €108.8 million relative to the 2017/18
         PSO levy. This is because the higher forecast market revenue decreases the amount
         required from the PSO levy to compensate suppliers up to the guaranteed rates that
         they are obliged to pay to PSO supported generators.

Upward Drivers on the 2018/19 PSO Levy:

  i.     Increased Renewables: 4,085 MW of mostly renewable will be supported by the
         2018/19 PSO levy. This is an increase of 518 MW, or 15% more than 3,567 MW
         supported in the 2017/18 PSO period.

  ii.    Lower Capacity Payments: Due to the introduction of the capacity auction, actual
         remuneration is now deducted from ex-ante payments to be paid applicable suppliers.
         As anticipated, the new capacity market has resulted in intermittent generation
         receiving reduced capacity revenue through the new capacity market.

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

4.3 Changes since the proposed decision
The final 2018/19 PSO levy of €209.19 million represents a decrease of €49 million relative to
the proposed PSO levy of €258.6 million. The main change to the calculation of the PSO levy
for 2018/19 since the proposed decision is the benchmark price. The proposed PSO levy was
calculated on the basis of a benchmark price of €57.13/MWh. Based on up to date forecasts
of the wholesale price of electricity for the 2018/19 PSO period, this benchmark price has been
revised to €61.17/MWh for the calculation of the final PSO levy. This has decreased the
2018/19 PSO levy by approximately €47 million relative to the proposed PSO levy for this
period. The remaining decrease in the total levy is due to further review of suppliers’
submission and the inclusion of a rebate due to the PSO for the 2018/19 period (see section
6.5).

4.4 Allocation of costs
The cost of the PSO levy is allocated across three categories of customer – Domestic, Small
Commercial (MIC < 30kVA) and Medium/Large Commercial (MIC ≥ 30kVA). The peak demand
associated with each category based on standard load profiles, metered data and forecast
demand data is determined by ESB Networks. The cost of the PSO levy is then allocated in
proportion to the ratio of these demand peaks.

Following consultation by the CRU in 2016 (CER/16/374), an updated methodology from ESB
Networks was used by the CRU in determining the allocation of costs for the 2017/18 PSO
levy (see CER/17/073). ESB Networks updated methodology incorporated a more accurate
method of determining the peak demand associated with the Medium-Large account category.
Using this methodology ESB Networks have updated their cost allocation model since the
2017/18 PSO levy, using the most recent growth forecasts available to them for the 2018/19
PSO calculation. The proportion of the PSO levy of €209.19 million to be allocated to each of
the three customer categories are presented in Table 2, these are the costs for the levy period
1 October 2018 to 30 September 2019.

     PSO Customer             Monthly Levy Amount              Monthly Levy      % Change year on
       Category                    (2017/18)                 Amount (2018/19)          year

        Domestic                 €7.69 / customer             €3.48 / customer        -55%
   Small commercial
                           €26.55 / customer     €11.97 / customer      -55%
    (MIC < 30 kVA)
    Medium/Large
     commercial             €3.64 / customer      €1.32 / customer      -64%
    (MIC ≥ 30 kVA)
                 Table 2: Cost of 2018/19 PSO levy by customer category

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

One of the factors influencing the scale of the percentage decrease in the 2018/19 PSO levy
(across customer categories) is the share of peak demand applied to each category of
customer for this period, as outlined below.

       Domestic Customers: For 2018/19, the updated forecast demand data resulted in an
        increased percentage allocation (1.54%) of the total PSO levy to Domestic
        Customers (i.e. in 2017/18 domestic customers accounted for 40.23% of peak
        demand, compared to 41.77% in the 2018/19 PSO period), thereby lessening their
        reduction in the PSO levy relative to other customer categories.

       Small Commercial Customers:              For 2018/19, the updated forecast demand data
        resulted in an increased percentage allocation (i.e. 0.37%) of the total PSO levy to
        Small Commercial Customers (i.e. in 2017/18 Small Commercial Customers
        accounted for 11.46% of peak demand, compared to 11.83% in the 2018/19 PSO
        period), thereby decreasing their reduction in the PSO levy relative to Medium/Large
        customers.

       Medium & Large Commercial Customers: For 2018/19, the updated forecast demand
        data resulted in a decreased percentage allocation (1.9%) of the total PSO levy to
        Medium & Large Customers (i.e. in 2017/18 Medium & Large Customers accounted
        for 48.31% of peak demand, compared to 46.41% in the 2018/19 PSO period), thereby
        increasing their reduction in the PSO levy relative to Domestic Customers and Small
        Commercial Customers.

Another factor which impacts the year on year percentage change (across customer
categories) is the variation in the total number of customers for the Domestic and Small
Commercial categories and the total non-domestic Maximum Import Capacity (MIC) for the
Medium & Large Commercial category for 2018/19. The cost attributed to each category is
apportioned to the number of customers in the Domestic and Small Commercial and the MIC
for Medium & Large customers and determines the annual charge kVA. According to ESB
Network’s model, the number of Domestic Customers has increase by 1.8% and the number
of Small Commercial customers has also increased by 1.5%. The Medium and Large customer
category saw the largest growth, with non-domestic MIC increasing by 17.8%. This increase
has resulted in a higher year on year percentage decrease in the PSO levy (kVA) compared
with the other PSO customer categories. Further detail on the calculation of the cost allocation
is provided in Appendix 1.

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

5. Key Comments Received
This section provides a summary of public responses received to the proposed decision on
the 2018/19 PSO levy (CRU/18/106), along with CRU responses to the key points made.

5.1 List of respondents
Respondents to the CRU’s proposed decision on the 2018/19 PSO levy are listed in the table
below. One confidential response was also received, which is not included in this list.

 1) Aughinish Alumina Limited                           3) Irish Wind Energy Association
 2) Energia                                             4) Society of St Vincent de Paul

5.2 Key comments and CRU responses

5.2.1 Economic and Social Impact
One respondent welcomed the decrease in the 2018/19 proposed PSO decision, however
noted that in the last six months nearly all energy suppliers have increased their tariffs as a
result of increasing wholesale prices. From a social perspective, the respondent expressed
concern over the impact of such increases for people living in poverty. Another respondent
stated that the PSO levy is an additional cost of doing business in Ireland, which cannot be
passed on to customers. The respondent observed that the ability to compete in the
international market is being negatively impacted by indirect costs such as the PSO.

CRU’s response
The CRU notes the correlation between the decrease in the PSO levy and the increase in the
wholesale market prices, so although a decrease in the PSO levy will reduce the fixed charge
element on electricity bills, the variable charge may in fact increase. The CRU emphasises
that savings on the variable aspect of the electricity bill can be gained through switching
electricity supplier and through energy efficiency

In relation to the impact of the PSO levy on Ireland’s competitiveness, the CRU notes that the
PSO levy has been designed by Government to achieve overall policy objectives related to
renewable energy and security of supply through the use of indigenous fuels. The CRU’s role
in relation to the PSO is to calculate the PSO levy in accordance with the governing legislation
(see Section 2.2) and to help ensure that the calculation is administered efficiently. The CRU

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

does not have a role in policy making with respect to the PSO levy. The CRU is therefore not
in a position to abolish / reduce or change the PSO levy.

5.2.2 Public awareness and engagement with Government
One respondent raised concerns over a lack of public awareness of the PSO levy, specifically
how the PSO is an essential tool needed to drive growth in renewable energy and help meet
Ireland’s EU 2020 renewable targets. The respondent also stated that there is an inverse
correlation between the amount of renewable energy and the wholesale price of electricity and
requested that CRU highlight the critical importance of renewable energy. The respondent
also requested that the CRU take a more proactive approach to explaining the purpose of the
PSO levy to consumers.

CRU’s response
The CRU’s role in relation to the PSO is to calculate the PSO levy in accordance with the
governing legislation. In terms of explaining the PSO to the public, the CRU publishes, on an
annual basis, its proposed decision paper regarding the PSO levy for the forthcoming period
available. The CRU also participates in forums (e.g. Consumer Stakeholder Forum) to explain
rationale for the PSO levy.

5.2.3 Renewable energy policy and design of support schemes
One respondent stated that despite High Efficiency CHP contributing to a reduction in CO2
omissions, this technology currently receives no support under the PSO levy. The respondent
observed that current PSO policy regarding HE CHP does not recognise the benefits of HE
CHP, and therefore is a barrier to further HE CHP installation in Ireland. Additionally the
respondent noted the current calculation for the PSO levy charges is based on the MIC, and
that the PSO calculation does not reflect actual consumption. The respondent was of the view
that this methodology is unfair as many business (who own their own generator) do not utilise
its full MIC and may only use it on rare occasions such as outages and maintenance.

CRU’s response
The CRU does not have the mandate to decide on the specific types of generation being
supported under the PSO. The design of the support schemes funded by the PSO levy and
the specific types of generation supported are determined directly by government.                 The
legislation governing the PSO dictates that the CRU allocate the PSO levy on the basis of kVA of
MIC for medium/large customers. This applies irrespective of CHP use or of usage profile.
Specifically, the Electricity Regulation Act 1999 (Public Service Obligations) Order 2002, states that:

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

“The Commission shall make a final determination of […] 22 (v) the PSO Levy amount
per electricity account for Domestic Accounts and Small Accounts and the PSO Levy
charge per kVA of maximum import capacity for Medium-Large Accounts”

5.2.4 PSO cost allocation methodology
One respondent observed that the percentage allocation of total PSO levy to domestic
customers is proposed to increase, while the other categories (small non-domestic and
medium/large non domestic) decreased. The respondent called upon policymakers to look at
spreading the burden of risk more evenly between electricity customers and called for a review
of the application of the PSO levy to low income families.

CRU’s response
The CRU notes that the decrease in the monthly charge for domestic customers is less than
that of the medium/large non domestic customer. This is due to the PSO cost allocation
methodology and is a result of an increase percentage of peak demand accounted for by
domestic customers relative to the other customer categories. The second factor contributing
to this variation is the number of domestic customers. According to ESB Network’s model the
number of domestic customers has increased marginally (1.8%) when compared with the
medium and large non domestic category with non-domestic MIC increasing 18%. This
resulted in a lower year on year decrease for domestic customers.

In terms of the social impact of the PSO levy on low income households in particular and of
the recognition of “people’s ability to pay”, the CRU notes that the allocation of the PSO levy
to domestic and small commercial customers on a per customer basis is prescribed in
legislation “The amount of levy to be imposed on each electricity account in respect of a
levy period shall be computed- in the case of a Domestic Account by dividing the amount of
the levy attributed to that category of accounts in accordance with section 39 (5A) by the
number of electricity accounts certified by the distribution system operator as falling within
that category;”.

The review or amendment of this legislation is outside the remit of the CRU and is a policy
matter for the relevant Minister.

5.2.5 PSO volatility and future direction of PSO Levy.
One responded noted that the ex-ante nature of the PSO levy presents an inherent risk for
suppliers and customers, particularly at times of wholesale price volatility. The respondent noted

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

that a difference between the forecast price and actual outturn SMP can result in either a
significant cash flow for the supplier, where forecast prices are too high (ex-ante payments will
be low) or where forecasts are too low (the PSO levy charge will be high). The respondent
observes that the fact that the R-factor correction is only applied two years after the relevant
PSO period also adds to volatility.

Whilst acknowledging that a forecast is only an estimate the respondent suggested that SMP
forecast is calculated as late as possible to secure the most up to date data is captured. The
respondent also suggested that the CRU utilise an average or rolling average of inputs as the
basis for the forecast particularly when prices are volatile.

CRU’s response
The CRU acknowledges that the wholesale price and the forecast benchmark of electricity is
central to the calculation of the PSO levy. The benchmark price is currently calculated using an
average of the forecast wholesale market price of electricity over the PSO period. The CRU is
currently updating its R-factor methodology in accordance with the new SEM arrangements.
The CRU will consider issues associated with the benchmark price in its forthcoming
consultation on it arrangements for the valuation of the PSO levy.

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

6. Cost breakdown of levy
6.1 Overview of support schemes
The CRU received 63 supplier submissions for the 2018/19 PSO levy period, which contained
268 generation projects. As detailed in Section 2, the PSO covers various subsidy schemes
designed by the Irish Government. Table 3 provides a breakdown by support scheme and
technology type of the capacity supported and the ex-ante cost estimates covered under the
levy for 2018/19. The individual support schemes will be discussed in more detail in the
sections that follow.

Table 3: Breakdown of ex-ante PSO payment and capacity supported for 2018/19 by
support scheme and technology type.
                                                                   Capacity         Capacity
                                  Indicative Total Ex-ante PSO
       Support Scheme &                                          supported in     supported in      % Change in
                                support rates  payment for
          Technology                                               2018/19          2017/18          Capacity
                                 (€ / MWh) 2018/19 (€ million)
                                                                    (MW)             (MW)
AER
                      Wind             46.00             -0.83             29.8              31.1           -4%
                   Sub-total                             -0.83             29.8              31.1
Peat
                  Lough Ree               —              40.89            100.0             100.0            0%
                 West Offaly              —              46.85            150.0             150.0            0%
                   Sub-total                             87.75            250.0             250.0
REFIT 1
                    Biomass            89.04              2.48             18.2             18.2             0%
                      Hydro            89.04              0.17              1.6              1.6             0%
                     Landfill          86.57              2.74             17.6             17.6             0%
                 Large Wind            70.49             67.22           1223.1           1222.2             0%
                 Small Wind            72.96              9.17            145.2            145.2             0%
                   Sub-total                             81.77          1405.68          1404.78
REFIT 2
                      Hydro            89.04              0.29              1.2              1.2             0%
                     Landfill          86.57              3.56             15.5             11.8            31%
                 Large Wind            70.49            101.41           2036.2           1660.4            23%
                 Small Wind            72.96              7.57            130.1            108.7            20%
                   Sub-total                            112.83          2183.01          1782.14
REFIT 3
          AD CHP > 500 kWe            138.11              2.74             11.1               2.0          453%
          AD CHP ≤ 500 kWe            159.35              5.01              6.1               5.7            7%
    Biomass CHP
An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

AERs
The technologies supported historically under the 15-year AER schemes included onshore
and offshore wind energy, small-scale hydropower, combined heat and power (CHP), biomass
(landfill gas), biomass-CHP and biomass-anaerobic digestion. Since the AER was launched
in 1995, six AER competitions have been held. The AER scheme is closed to new entrants
and the only remaining technologies actively supported under this scheme are onshore and
offshore wind energy. There are 2 projects remaining under the AER scheme, with support for
the last project due to terminate at the end of 2021.

The plants involved contract with Electric Ireland (ESB’s supply entity), which is then entitled
to compensation from the PSO levy if the revenue it receives for selling the electricity is less
than what it paid the renewable generators. Similarly Electric Ireland returns money to the
PSO in the event of over-compensation. The ex-ante PSO amount for the 2018/19 PSO
period for the AER schemes is -€829,000.

REFIT
The first Renewable Energy Feed-in-Tariff (REFIT 1) scheme was introduced in 2006, followed
by REFIT 2 and 3 in 2012. The REFIT schemes are designed to incentivise the development of
renewable electricity generation in order to help Ireland to meet its target of 40% of electricity
coming from renewable sources by 2020. The technologies covered under each scheme are
summarised in Table 4.

       Scheme               REFIT 1              REFIT 2                     REFIT 3
                                                                 — AD (non CHP) > 500 kWe
                                                                 — AD (non CHP) ≤ 500 kWe
                      — Biomass                                  — AD CHP > 500 kWe
                                            — Hydro
                      — Hydro                                    — AD CHP ≤ 500 kWe
                                            — Landfill
                      — Landfill                                 — Biomass CHP ≤ 1500 kWe
                                            — Large Wind
                      — Large Wind                               — Biomass CHP > 1500 kWe
                                            — Small Wind
                      — Small Wind               — Biomass Combustion (non-CHP)
   Technologies                                         o Energy Crops o Other
    supported                                           Biomass
Table 4: Technologies supported under the three REFIT schemes.

In contrast to the AER scheme, REFIT is open to all suppliers (not just Electric Ireland) to
contract with renewable generators. The compensation streams under the REFIT scheme are
paid to electricity suppliers in exchange for entering 15-year Power Purchase Agreements
(PPAs) with renewable electricity generators.

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

The ex-ante PSO amount for the 2018/19 PSO period for the REFIT schemes is €237.8
million. This represents a decrease of €85.4 million (26%) on the €323.2 million support for
these contracts included in the 2017/18 PSO levy period. The corresponding increase in
REFIT generation capacity supported under the PSO is 519 MW (16%), from 3,286 MW in
2017/18 to 3,805 MW in 2018/19.

Peat
There are now 2 peat plants remaining under the PSO – ESB’s Lough Ree and West Offaly
plants. These plants sell their electrical output into the SEM and receive revenue from the
market for that output. If the revenue they receive is less than entitled, notified costs incurred
by these plants, then ESB recover the deficit from the PSO. Similarly, if either plant receives
revenue from the SEM that is greater than the entitled, notified costs incurred, monies are
returned to the PSO fund. Support for Lough Ree and West Offaly will continue until the end
of 2019. Their combined capacity is 250MW and the ex-ante amounts included in the 2018/19
PSO levy are €40.89 million and €46.85 million respectively, giving a combined total of €87.75
million. This compares with a total of €103.4 million of support for electricity generated from
peat in 2017/18.

Summary of support schemes
The breakdown by technology of total ex-ante PSO cost and generation supported under the
2018/19 levy for AER, REFIT and peat is shown in Figure 2, with similar categories grouped
together. As there are different support rates for the different technologies, the breakdown by
cost differs from the breakdown by generation supported.

     100%                        €324.8m                                 12.27TWh
                                                         Hydro
      80%
                                                         AD
      60%                                                Landfill
      40%                                                Biomass
      20%                                                Peat
                                                         Wind
        0%
                                    Cost                                 Generation
      Hydro                        0.1%                                     0.1%
      AD                            2%                                      0.6%
      Landfill                      2%                                       1%
      Biomass                       11%                                      8%
      Peat                          27%                                      12%
      Wind                          57%                                      78%

Figure 2: Breakdown of ex-ante cost & generation supported by technology type under 2018/19 PSO levy.

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

6.2. Publication of individual payments
The CRU stated its intention to publish actual outturn payments made in respect of individual
generators and suppliers for the PSO year for which the R-factor applies in the “Notification
to Supplier Submissions to the CRU in relation to the 2018/19 PSO Levy” (CRU/18/038).

For the 2018/19 PSO period therefore, the CRU have collated and published the actual
amounts paid in respect of each generator and supplier for the 2016/17 PSO years. These
actual amounts are the audited outturn costs submitted by suppliers, for the 2016/17 PSO
year, as part of suppliers 2018/19 PSO submissions. The list of payments are provided in
Appendix 2.

6.3. R-factor
The ex-ante estimate of costs associated with each of these schemes for 2018/19 constitutes
the main part of the total PSO levy. In addition however, the settlement of the ex-ante estimate
component of the 2016/17 PSO levy, based on actual outturn costs and market revenues,
must be included. The 2016/17 R-factor, included in the 2018/19 PSO levy, accounts for the
difference between the costs and revenues estimated for 2016/17 ex-ante and the actual costs
and revenues for 2016/17 certified ex-post. Further detail on the methodology used in
calculating the R-factor can be found in CER/08/026.

A negative R-factor of €114.9 million has been included in the calculation of the 2018/19 PSO
levy, due to an over-recovery of monies in the 2016/17 PSO period. The breakdown of the R-
factor by support scheme is shown in Table 5.

                     Component                                R-factor 2015/16      (€ million)
  REFIT                                                                    -90.37
  AER                                                                       -1.85
  Peat                                                                     -€22.2
  Security of Supply                                                        -0.24
  PSO CfDs                                                                  -0.16
  Total                                                                    -114.9
  Table 5: Breakdown of 2015/16 R-factor

This over recovery of costs is a result of actual costs incurred deviating from estimated costs.
Actual costs are determined by two key factors, actual generation levels of the PSO plants
and actual market revenues received by these plants.

Actual generation by PSO supported plant for 2016/17 was 12% lower than the estimate
generation submitted for the period. This over estimation of generation resulted in an over

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

recovery of revenues through the 2016/17 ex-ante payment and will be remedied through the
R-factor.

The second key component of the R-factor is due to a higher average outturn SMP of
€49.89/MWh in 2016/17 PSO period, compared to the ex-ante benchmark price of
€43.26/MWh. The benchmark price for 2016/17 was based on a series of forecast commodity
prices, and ran using the SEM PLEXOS model. These forecast prices included gas, coal and
carbon prices. Comparing the 2016/17 forecast prices to actual outturn prices, the CRU
observed an increase in actual commodity prices. This increase has contributed to a higher
average outturn SMP for the 2016/17 period. This higher outturn resulted in PSO plants
receiving more market revenue than anticipated.

The underestimation of the 2016/17 benchmark price (relative to the outturn price) resulted in
an over recovery of revenues through the 2016/17 ex-ante payment and will be remedied
through the R-Factor.

6.4. PSO CfDs
PSO related Contract for Differences (CfDs) are offered by ESB Power Generation, see SEM-
11-020 for further details. These are forward contracts for PSO supported dispatchable
generation, backed by the PSO levy. The total difference payment resulting from these CFDs
is €160,000 due back to the PSO levy. This reflects an outturn SMP for the 2016/17 period
which was lower on average than the strike price

6.5. Bord Gáis Energy Rebate
Errors were identified within Bord Gáis Energy historical PSO cost submissions, which
resulted in Bord Gáis Energy over-stating their actual PSO costs. These errors have been
reviewed by the CRU, which has resulted in a rebate due to the PSO levy fund of €1.09 million.
This over recovery of PSO levy by Bord Gáis Energy will be deducted from the PSO payment
due to be paid to Bord Gáis Energy in 2018/19. The rebate due, €1.09 million is inclusive of
Euribor annual interest payments to account for the present value of monies due since 2009.

6.6. Bad Debt in the PSO levy
On 11 December 2017, a Liquidator was appointed to supplier (i.e. Aughrim Power Supply)
who participated in the REFIT scheme. Aughrim Power Supply are due to pay back money to
the PSO over the 2018/19 period as a result of a negative total R-factor for 2016/17, which

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

amounts to €695,091 inclusive of Euribor annual interest. While some or all monies may be
recovered through the liquidation process, the outstanding payment due to the PSO for
2018/19 (i.e. the 2016/17 R-factor of €695,091) will be considered bad debt in the interim.

The CRU is currently examining options to mitigating the risk of bad debt to the PSO, and in
May 2018 published a consultation paper on this matter (i.e. CRU/18/092)6. The CRU’s
consultation paper identified a number of options for mitigating the risk of bad debt, including
the CRU’s preferred option, a PSO Withholding Mechanism. Under this option, PSO payments
would be withheld from suppliers in respect of all generation projects that have not yet reached
a defined operational milestone, which indicates that the generation project is nearing
completion/commercial export. The CRU intends publishing a decision paper on the approach
it will take to mitigating the risk of bad debt to the PSO in Q3 2018.

6.7. Review of PSO Arrangements
The CRU is currently reviewing its arrangements for the calculation of the PSO levy. As part
of this review, the CRU will be updating:

       CER/17/021 “Engagement of Auditors Regarding Certification for the PSO Levy”; and
       CER/08/236 “Calculation of the R-factor in determining the Public Service Obligation
        Levy”

The CRU intends providing additional clarity on the arrangements for calculation of the PSO
levy under the revised SEM arrangements (arising from I-SEM implementation), while also
clarifying the information that the CRU will require in a supplier’s auditor certificate in order to
reduce the risk of potential errors in supplier’s PSO cost submissions.

6
Addressing the risk of Bad Debt in the PSO levy (CRU/18/092)

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

7. Next Steps
The PSO levy charges, as set out in Section 4.4 and Appendix 1 of this decision paper, are to
be applied to the electricity bills of all customers by their electricity suppliers for the period of
1 October 2018 to September 2019.

The 2018/19 PSO payments will only be made in respect of generation projects that have
been included in the calculation of the PSO levy as published in this decision paper and that
are listed in the forthcoming S.I amending the 2002 PSO Order. Between the publication of
this decision paper and the issuance of the S.I., the CRU will continue to liaise with the DCCAE
regarding eligibility of REFIT projects for inclusion in the 2018/19 PSO levy.

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

Appendix 1 Allocation of 2018/19 PSO Levy

                                                                    Allocating 2018/19 PSO

                                                     % of         PSO       Total Mkt Cust     Total     Annual Charge    Monthly
                                     Individual   Individual   Allocation   Nos Mid Year       Non-                       Charge
                                       Peak         Peak                     (excl PL a/cs   domestic                                 Monthly
                                                                               i.e. DG3)     mkt MICs                                 Charge
                                                                  €m                           kVA       € per    €/kVA   Monthly €
                                                                                                         Cust
                                                                                                                                        € per
 Domestic Profile                    2,317,402     41.77%        87.37        2,094,909                  41.71              3.48      Customer

                                                                                                                                        € per
 Small Profile                        656,163      11.83%        24.74         172,267                   143.61             11.97     Customer
 ie. non-domestic (excl PL)
An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

Appendix 2 2016/17 PSO Outturn Cost
As per CRU/18/038 and CRU/18/106, the CRU is publishing a list of actual outturn payments
made in respect of individual generators and suppliers for the 2016/17 PSO period. The stated
costs, as detailed below, do not include the 2018/19 R-factor or ex-ante payments.

For clarity, under REFIT, the associated payments are made to electricity supply companies
and the indirect beneficiaries of the grant aid are the renewable generators (i.e. the REFIT
payment is made to the electricity supplier and is passed on to the electricity generator under
the terms of the PPA between the supplier and the generator).

        Supplier name                     Generator name                  Total REFIT cost for 16/17

      Bearna Gaoithe Power                                                €
    1 Supply Ltd                          Bearna Gaoithe Teoranta         88,130.75

                                                                          €
    2 Bord Gais Energy Ltd                Jaroma Windfarm Ltd             141,433.53

                                                                          €
    3 Bord Gais Energy Ltd                Highland Wind Energy            233,873.10

                                                                          €
    4 Bord Gais Energy Ltd                Dublin City Council             2,988.00

                                                                          €
    5 Bord Gais Energy Ltd                Rahora Windfarm Ltd             253,154.86

                                                                          €
    6 Bord Gais Energy Ltd                Reenascreena Windfarm Ltd       250,659.84

                                                                          €
    7 Bord Gais Energy Ltd                Cuillalea Windfarm Ltd          101,168.10

                                                                          €
    8 Bord Gais Energy Ltd                Cronelea Windfarm Ltd           191,824.58

                                                                          €
    9 Bord Gais Energy Ltd                Sunflower Design Ltd            116,650.52

                                                                          €
   10 Bord Gais Energy Ltd                Derrynadivva Windfarm Ltd       337,752.29

                                                                          €
   11 Bord Gais Energy Ltd                Adeery Hydro                    19,788.84

                                                                          €
   12 Bord Gais Energy Ltd                Menard Limited                  263,739.26

                                                                          €
   13 Bord Gais Energy Ltd                Templederry Windfarm Ltd        257,135.80

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An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

                                                                                  €
   14 Bord Gais Energy Ltd                Sigatoka Ltd                            444,947.41

                                                                                  €
   15 Bord Gais Energy Ltd                Fairbourne Commercial Limited           246,167.46

                                                                                  €
   16 Bord Gais Energy Ltd                Monaincha Wind Farm Ltd                 2,569,981.00

                                                                                  €
   17 Bord Gais Energy Ltd                Acres Energy Ltd                        1,502,152.00

                                          Barranfaddock Sustainable Electricity   €
   18 Bord Gais Energy Ltd                Ltd                                     2,306,068.05

                                                                                  €
   19 Bord Gais Energy Ltd                Gallia Commercial Limited               226,569.76
                                                                                  €
   20 Bord Gais Energy Ltd                Old Mill Wind Limited                   1,323,286.73

                                                                                  €
   21 Bord Gais Energy Ltd                McDonnell Farms Biogas Limited          329,532.00

                                          Inchincoosh Wind Farm ltd -             €
   22 BRI Green Energy Ltd                Inchincoosh generator unit              2,555,041.14

                                          Inchincoosh Wind Farm ltd -             €
   23 BRI Green Energy Ltd                Sillatherane generator unit             722,487.00

                                                                                  €
   24 BRI Green Energy Ltd                Inish Wind Ltd                          430,815.21

                                                                                  €
   25 BRI Green Energy Ltd                Lisheen Windfarm Ltd                    2,738,240.76

                                                                                  €
   26 BRI Green Energy Ltd                Garracummar Windfarm Ltd                3,695,347.87

                                                                                  €
   27 BRI Green Energy Ltd                Knockacummar Wind Farm Ltd              5,418,069.04

                                                                                  €
   28 BRI Green Energy Ltd                Sorne Wind Ltd                          1,992,959.84

                                                                                  €
   29 BRI Green Energy Ltd                Sorne Wind Ltd                          436,553.11

                                                                                  €
   30 BRI Green Energy Ltd                Ballymartin Windfarm Ltd                492,224.78

                                                                                  €
   31 BRI Green Energy Ltd                Lisheen Wind Farm 2 Ltd                 1,853,307.07

                                                                                                 28
An Coimisiún um Rialáil Fóntas Commission for Regulation of Utilities

                                                                            €
   32 BRI Green Energy Ltd                BW2 Wind Farm Ltd                 992,439.45

                                                                            €
   33 BRI Green Energy Ltd                Kill hills Windfarm               2,487,956.21

                                                                            €
   34 BRI Green Energy Ltd                Smithstown Windfarm Ltd           689,886.64

      Burren Energy Supply                                                  €
   35 Limited                             Knocknagoum Windfarm Limited      3,508,787.40

      Burren Energy Supply                                                  €
   36 Limited                             Knocknagoum Windfarm Limited      143,128.05

                                                                            €
   37 Castledockrell Supply Ltd           Castledockrell Windgroup Ltd      2,632,774.97

      Dunman Energy Supply                                                  €
   38 Limited                             Killaveenoge Windfarm Limited     672,680.77

      Dunmore Power Supply                                                  €
   39 Limited                             Dunmore Wind Power Limited        49,196.44

      Dunmore Power Supply                                                  €
   40 Limited                             Collon Wind Power limited         109,506.89

      Edenderry Supply Company                                              €
   41 Limited                             Edenderry Power Ltd               14,591,604.00

      Bruckana Supply Company                                               €
   42 Limited                             Bruckana Supply Company Limited   3,015,843.00

      Dublin Waste To Energy                                                €
   43 Supply Limited                      Dublin Waste To Energy Limited    946,647.49

 44     Gaelectric Energy Marketing                                         €
        and Supply Limited                Knocknagashel Windfarm Limited    2,683,764.64
      Glencarbry Energy Supply                                              €
   45 Company Limited                     Glencarbry Windfarm Limited       817,125.39

      ESBIE T/A Electric Ireland                                            €
   46 Ltd                                 Mountain Lodge Power Ltd          1,818,367.00

      ESBIE T/A Electric Ireland                                            €
   47 Ltd                                 Mountain Lodge Power Ltd          426,730.00

      ESBIE T/A Electric Ireland                                            €
   48 Ltd                                 SWS Knockawarraiga Windfarm Ltd   1,713,474.00

      ESBIE T/A Electric Ireland                                            €
   49 Ltd                                 Garvagh Glebe Power Ltd           1,721,407.00

                                                                                            29
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